This White Paper analyzes several important recent developments in Department of Housing and Urban Development (HUD) rulemaking and issuance of guidance based on disparate impact liability under the Fair Housing Act (FHA). The FHA, among other things, prohibits discrimination in the sale, rental, and conditions of housing because of an individual’s membership in one of the protected classes of race, color, religion, sex, familial status, national origin, or disability.1 HUD is the primary federal agency tasked with enforcing the FHA.
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